Oscar Pistorius free to compete abroad after bail decision

Judge relaxes bail restrictions and rules that athlete may travel internationally if he provides itinerary a week before departure

• guardian.co.uk, Thursday 28 March 2013 15.29 GMT

Oscar Pistorius lines up his blocks before winning the men's 400m final at the Paralympic Games in London last year. Photograph: Tom Jenkins for the Guardian

Oscar Pistorius may compete at this year's world championships after a judge upheld an appeal against some of his bail restrictions, the athlete's agent has said.
Judge Bert Bam ruled that Pistorius – who is charged with murder after shooting his girlfriend, Reeva Steenkamp, on 14 February – could travel under certain conditions. His passport will be held by a court while he is in South Africa, and he can leave the country only if he provides an itinerary at least a week before his departure. Pistorius must also hand over his travel documents to the court within 24 hours of returning home.
The ruling, in a North Gauteng high court, paves the way for the Paralympic champion, who could be sentenced to life imprisonment if found guilty of murder, to run in international competitions again.
Pistorius's agent, Peet van Zyl, said the sprinter could even run at the world championships in Moscow in August – if he wanted to and if he qualified. "Based on this (judge's decision), and if he is up for it and qualifies, the world championships will definitely be on the radar," Van Zyl added.
Reeva Steenkamp during a photoshoot. Photograph: AP Bam's decision was fair, Van Zyl said, but any return to competition would be up to Pistorius, who has not run competitively since September or trained for two months. "He's going to be the one that determines running and training," the agent said. "It's his call. He's the one under all the pressure for the court case and grieving for Reeva."
Although Pistorius's lawyers said in the appeal hearing that the athlete had no immediate plans to compete, he would probably need to return to the track in the future to earn money, they said.
Pistorius, a double amputee widely known as the Blade Runner for his prosthetic legs, did not attend the court session.
"He has no desire to compete now but it might change and it will change," Barry Roux, defending, told the judge in arguing for some of Pistorius's bail restrictions to be eased. Roux said the sprinter would not try to evade trial if he was allowed to travel internationally.
"He is not going to run away and hide. He is going nowhere," Roux told the judge while TV cameras and photographers recorded the proceedings. "Why stop him from travelling under controlled circumstances?" he added.
Pistorius says he killed Steenkamp accidentally when he fired shots through his bathroom door in the early hours of the morning, fearing there was an intruder in his house. Prosecutors say he shot the model and reality TV star intentionally after an argument.
Carl Pistorius denies culpable homicide after a 2008 car crash. Photograph: EPA The athlete's last competitive race was his victory in the 400m final at the London Paralympics in September. Although he has not trained for about nine weeks, when he was ready they would consider both able-bodied and Paralympic events, Van Zyl said.
His agent said he saw no reason why Pistorius should not be allowed to compete while accused of murder, adding that he had been contacted by race promoters who had called for Pistorius's return to competition.
"We'll have to see what governing bodies will say; it will be interesting to see," Van Zyl said. "If they don't allow him to run and he walks out (of court) a free man, there might be a problem."
In court on Thursday, the judge also ruled in favour of Pistorius on three other conditions. The athlete no longer has to be regularly supervised by a probation official, and a ruling that he was not allowed to consume alcohol and could be tested at any time for alcohol and "prohibited substances" was lifted.
Bam criticised one of the bail terms imposed by another judge, saying that a condition that he would be in breach of his bail if he was accused of another crime against women was "fraud". It contravened Pistorius's constitutional right to be innocent until proven guilty, and being accused of a crime should not count against him, Bam said.
Another two restrictions – that Pistorius must not to return to his house, where he shot Steenkamp on Valentine's Day, and had to report regularly to a police station – should be "disregarded", the judge said, as they were not in the written court order. It meant Pistorius's legal team succeeded in all its appeals.
Prosecutors declined to comment on how the ruling affected their case, but said they believed Pistorius would comply with the new conditions.
Oscar Pistorius in court last month. Photograph: Reuters "As the prosecution, we are not going to make any comment in as far as the judgment is concerned," the National Prosecuting Authority spokesman, Medupe Simasiku, said. "Our focus is on the upcoming trial and we need to focus on that with all our minds. The investigation is going well and we believe that soon it will be completed. And when it is completed, that is when we'll know about the trial date."
The athlete's lawyers had previously argued that he was being deemed as a flight risk by his bail restrictions, even though a magistrate ruled last month that he was not, when he released Pistorius on 1m rand ($108,000) bail.
Roux said Pistorius's original bail restrictions amounted to "house arrest." He also argued against a ruling that prevented the athlete from speaking to residents near his home, saying Pistorius should be allowed to consult with them to prepare his defence.
Prosecutors had opposed the relaxing of Pistorius's bail restrictions and said the appeal should have gone to the original magistrate's court that set bail and not Pretoria's high court. Pistorius had been held in a police station until the chief magistrate, Desmond Nair, imposed the bail conditions on 22 February. The athlete has not been seen in public since and is believed to have been staying at an uncle's house.
Pistorius was not required to attend his appeal hearing and none of his relatives was present at North Gauteng high court.
His next court appearance is on 4 June, when the prosecution would aim to serve indictments, the chief prosecutor, Gerrie Nel, told the court. He said there was a possibility that Pistorius's trial would begin by the end of the year.
Pistorius's bail appeal was heard at the high court a day after the athlete's older brother, Carl, went on trial for the death of a motorcyclist in 2008.
Carl Pistorius pleaded not guilty to the main charge of culpable homicide and to two charges relating to driving recklessly and inconsiderately. ------ The Guardian